In his second term, President Obama has unilaterally pressed his agenda, now that he has lost the congressional support needed to enact his political priorities through legislation. These uses or abuses of executive power include the suspension of deportation and granting of work permits for illegal aliens and various decisions to delay the effective date of certain provisions of Obamacare. As a consequence of the President’s actions, the proper scope of executive authority should figure front and center in the coming presidential campaign.
In conducting this important debate over the nature of our republican order, we must demand that candidates separate out their policy positions from their position on the appropriate scope of executive power. Thus, it is perfectly possible to embrace the policy goals of the President’s executive order on immigration while objecting to its constitutional basis, and vice-versa. Only by forcing candidates to answer the constitutional question can we have any confidence that they will stick to a consistently constitutional view of executive power. After a change in partisan control of the Presidency, partisans in both parties have had a habit of waking up on election morning to find that Article II has acquired a new meaning.
In questioning candidates, it is also important to make a distinction between the unity of the executive and the scope of its power—issues that are often confused.